Criminal Procedure – suppression — law of the case — abuse of discretion

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Wisconsin Court of Appeals

Criminal

Criminal Procedure – suppression — law of the case — abuse of discretion

The State appeals a circuit court order suppressing evidence. The court concluded an officer unlawfully seized Gary Wieczorek and improperly conducted a showup. The State argues the circuit court violated the law of the case doctrine by concluding Wieczorek was unlawfully seized because we determined the seizure was lawful in State v. Wieczorek, No. 2011AP1184-CR, unpublished slip op. (Nov. 8, 2011) (Wieczorek I). The State also argues the circuit court erroneously exercised its discretion by sua sponte determining the showup was unlawful and by failing to give the State an opportunity to establish the showup was proper. We agree and reverse and remand with directions. This opinion will not be published.

2012AP2217-CR State v. Wieczorek

Dist III, Buffalo County, Lister, J., Stark, J.

Attorneys: For Appellant: Weber, Gregory M., Madison; For Respondent: Hillestad, Roger M., Durand; For Respondent: Koby, James R., La Crosse; For Respondent: Thompson, Nick, La Crosse